Rape kit testing should not depend on charity

One of the secure cold storage freezers at the State of California Department of Justice Bureau of Forensic Services DNA Laboratory in Richmond, California, USA 26 Feb 2016. (Peter DaSilva/Special to The Chronicle)

Photo: Peter DaSilva, Special to The Chronicle

When it comes to seeking justice for victims of sexual assault, one of the keys to successful prosecution is DNA evidence. Doctors and nurses use a rape kit, a box the size of a first aid kit, to collect samples from the victim’s mouth, genitals, anus and clothing, an invasive process that can take hours. When the rape kits go untested, a criminal case can fall flat, leaving women open to attack from the same offender.

Yet the End the Backlog Initiative found that the backlog of untested rape kits has reached more than 9,000 in California alone. Frustrated by the slow response to address the backlog, advocacy groups have resorted to advocating for a host of new state bills, among them AB280, which would make the cause of rape kit testing one of the 20 taxpayers can support by checking off a box on their state tax return.

While the goal to raise awareness and money around rape kit testing is admirable, why are forensic services not worthy of adequate and reliable funding? Why must justice rely on charity?

Anti-sexual-violence organizations and advocacy groups estimate that nationwide, hundreds of thousands of untested rape kits are sitting in police evidence lockers and crime labs. It can take years before a DNA matchup shows up in a forensic database and victims are notified.

In an effort to calculate the size of the backlog, AB41 would require law enforcement to enter rape kits into a database within four months of the evidence being collected. AB1312 would forbid law enforcement from destroying rape kits for at least 20 years while strengthening the rights of victims.

Law enforcement has blamed the growing backlog on a lack of resources as well as hefty processing and collecting costs, which can reach more than $1,200 per kit. But the lack of interest in Sacramento on ensuring evidence is processed and shared statewide shows how little legislators prioritize resolving these crimes.

A cultural problem persists, too. Law enforcement considers the testing expense “wasted” if the woman recants or refuses to go forward with the case. Cases are often abandoned when the woman thinks law enforcement is dismissive of her story. It will take trust-building, and testing, to find justice.